Morris tribunal: A senior member of the Carty internal Garda investigation team said licensing prosecutions against the McBreartys' premises in Co Donegal were tarnished by certain members of the gardaí.
Chief Supt Austin McNally said there were an inordinate number of prosecutions against the McBreartys in a short period of time. One case involved Bernard Conlon, who appeared as a State witness against the McBreartys after being found late-night drinking in Frankie's nightclub in Raphoe.
Mr Conlon has alleged that he was put up to it by Det Sgt John White to set up the McBreartys. Members of the McBrearty family were accused of being involved in the death of cattle-dealer Richie Barron. The tribunal has since found that the death was caused by a hit and run and had nothing to do with them.
Chief Supt McNally said in 1999 there was a lot of information coming into the team. "A lot of the allegations the McBeartys were in fact making had plenty of foundation, some may not have," he said.
It was certainly found to be the case that there was a lot of foundation to those allegations.
Certainly for the previous five years before 1996 there were not too many prosecutions. The McBreartys had a good relationship with the gardaí up to then.
"I can only give my view. From my experience, there seemed to be an inordinate amount of prosecutions over such a short period when you look at the position before or even since," he said.
There were 25-30 prosecutions from October 1996 to September 1998 and 165 summonses.
He was not disputing that the McBreartys were after-hours trading. "I'm talking about the reason - it was obvious and later proved to be the case that in our view some gardaí may have employed unfair procedures in relation to the Conlon issue and other issues," he said.
The tribunal has adjourned until Monday, September 19th.